Bill Text: NY A06398 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits the legislature from recessing after the start of the state fiscal year until it has passed a budget; allows recess during such period for public holidays.

Spectrum: Partisan Bill (Republican 29-0)

Status: (Introduced) 2019-03-07 - referred to ways and means [A06398 Detail]

Download: New_York-2019-A06398-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6398
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2019
                                       ___________
        Introduced  by  M.  of A. BARCLAY, BLANKENBUSH, NORRIS, FINCH, LAWRENCE,
          MONTESANO, PALMESANO, RAIA, RA, GARBARINO, BRABENEC,  SCHMITT,  SALKA,
          MORINELLO,  MANKTELOW,  MIKULIN, BYRNE, TAGUE -- Multi-Sponsored by --
          M. of A.   BYRNES, CROUCH, DiPIETRO, FRIEND,  GIGLIO,  HAWLEY,  JOHNS,
          KOLB,  McDONOUGH,  B. MILLER,  STEC  --  read once and referred to the
          Committee on Ways and Means
        AN ACT to amend the legislative law,  in  relation  to  prohibiting  the
          legislature  from recessing after the commencement of the state fiscal
          year until it has enacted a budget for such year
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 5 of the legislative law, as added
     2  by chapter 635 of the laws of 1998, is amended to read as follows:
     3    3.  "Legislative  passage  of  the budget", solely for the purposes of
     4  this section and [section] sections five-a  and  fifty-three-a  of  this
     5  [article]  chapter,  shall  mean  that  the  appropriation bill or bills
     6  submitted by the governor pursuant to section three of article seven  of
     7  the  state constitution have been finally acted on by both houses of the
     8  legislature in accordance with article seven of the  state  constitution
     9  and the state comptroller has determined that such appropriation bill or
    10  bills  that have been finally acted on by the legislature are sufficient
    11  for the ongoing operation and support  of  state  government  and  local
    12  assistance for the ensuing fiscal year. In addition, legislation submit-
    13  ted  by  the  governor pursuant to section three of article seven of the
    14  state constitution determined  necessary  by  the  legislature  for  the
    15  effective  implementation of such appropriation bill or bills shall have
    16  been acted on. Nothing in this section shall be construed to affect  the
    17  prohibition  contained  in  section  five  of article seven of the state
    18  constitution.
    19    § 2. The legislative law is amended by adding a new  section  53-a  to
    20  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09388-01-9

        A. 6398                             2
     1    § 53-a. Failure to enact a timely budget; prohibit recess. If upon the
     2  commencement  of  the  fiscal  year,  as defined in section three of the
     3  state finance law, legislative passage of  the  budget,  as  defined  in
     4  subdivision three of section five of this chapter, has not occurred, the
     5  legislature  shall not recess until such passage occurs, except that the
     6  legislature may recess during such period for public holidays.
     7    § 3. This act shall take effect immediately.
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